
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC796k]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
SUBCHAPTER VII--INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT 
                                 LIVING
 
 Part B--Independent Living Services for Older Individuals Who Are Blind
 
Sec. 796k. Program of grants


(a) In general

                      (1) Authority for grants

        Subject to subsections (b) and (c) of this section, the 
    Commissioner may make grants to States for the purpose of providing 
    the services described in subsection (d) of this section to older 
    individuals who are blind.

                     (2) Designated State agency

        The Commissioner may not make a grant under this subsection 
    unless the State involved agrees that the grant will be administered 
    solely by the agency described in section 721(a)(2)(A)(i) of this 
    title.

(b) Contingent competitive grants

    Beginning with fiscal year 1993, in the case of any fiscal year for 
which the amount appropriated under section 796l of this title is less 
than $13,000,000, grants made under subsection (a) of this section shall 
be--
        (1) discretionary grants made on a competitive basis to States; 
    or
        (2) grants made on a noncompetitive basis to pay for the 
    continuation costs of activities for which a grant was awarded--
            (A) under this part; or
            (B) under part C of this subchapter, as in effect on the day 
        before October 29, 1992.

(c) Contingent formula grants

                           (1) In general

        In the case of any fiscal year for which the amount appropriated 
    under section 796l of this title is equal to or greater than 
    $13,000,000, grants under subsection (a) of this section shall be 
    made only to States and shall be made only from allotments under 
    paragraph (2).

                           (2) Allotments

        For grants under subsection (a) of this section for a fiscal 
    year described in paragraph (1), the Commissioner shall make an 
    allotment to each State in an amount determined in accordance with 
    subsection (j) of this section, and shall make a grant to the State 
    of the allotment made for the State if the State submits to the 
    Commissioner an application in accordance with subsection (i) of 
    this section.

(d) Services generally

    The Commissioner may not make a grant under subsection (a) of this 
section unless the State involved agrees that the grant will be expended 
only for purposes of--
        (1) providing independent living services to older individuals 
    who are blind;
        (2) conducting activities that will improve or expand services 
    for such individuals; and
        (3) conducting activities to help improve public understanding 
    of the problems of such individuals.

(e) Independent living services

    Independent living services for purposes of subsection (d)(1) of 
this section include--
        (1) services to help correct blindness, such as--
            (A) outreach services;
            (B) visual screening;
            (C) surgical or therapeutic treatment to prevent, correct, 
        or modify disabling eye conditions; and
            (D) hospitalization related to such services;

        (2) the provision of eyeglasses and other visual aids;
        (3) the provision of services and equipment to assist an older 
    individual who is blind to become more mobile and more self-
    sufficient;
        (4) mobility training, braille instruction, and other services 
    and equipment to help an older individual who is blind adjust to 
    blindness;
        (5) guide services, reader services, and transportation;
        (6) any other appropriate service designed to assist an older 
    individual who is blind in coping with daily living activities, 
    including supportive services and rehabilitation teaching services;
        (7) independent living skills training, information and referral 
    services, peer counseling, and individual advocacy training; and
        (8) other independent living services.

(f) Matching funds

                           (1) In general

        The Commissioner may not make a grant under subsection (a) of 
    this section unless the State involved agrees, with respect to the 
    costs of the program to be carried out by the State pursuant to such 
    subsection, to make available (directly or through donations from 
    public or private entities) non-Federal contributions toward such 
    costs in an amount that is not less than $1 for each $9 of Federal 
    funds provided in the grant.

               (2) Determination of amount contributed

        Non-Federal contributions required in paragraph (1) may be in 
    cash or in kind, fairly evaluated, including plant, equipment, or 
    services. Amounts provided by the Federal Government, or services 
    assisted or subsidized to any significant extent by the Federal 
    Government, may not be included in determining the amount of such 
    non-Federal contributions.

(g) Certain expenditures of grants

    A State may expend a grant under subsection (a) of this section to 
carry out the purposes specified in subsection (d) of this section 
through grants to public and nonprofit private agencies or 
organizations.

(h) Requirement regarding State plan

    The Commissioner may not make a grant under subsection (a) of this 
section unless the State involved agrees that, in carrying out 
subsection (d)(1) of this section, the State will seek to incorporate 
into the State plan under section 796c of this title any new methods and 
approaches relating to independent living services for older individuals 
who are blind.

(i) Application for grant

                           (1) In general

        The Commissioner may not make a grant under subsection (a) of 
    this section unless an application for the grant is submitted to the 
    Commissioner and the application is in such form, is made in such 
    manner, and contains such agreements, assurances, and information as 
    the Commissioner determines to be necessary to carry out this 
    section (including agreements, assurances, and information with 
    respect to any grants under subsection (j)(4) of this section).

                            (2) Contents

        An application for a grant under this section shall contain--
            (A) an assurance that the agency described in subsection 
        (a)(2) of this section will prepare and submit to the 
        Commissioner a report, at the end of each fiscal year, with 
        respect to each project or program the agency operates or 
        administers under this section, whether directly or through a 
        grant or contract, which report shall contain, at a minimum, 
        information on--
                (i) the number and types of older individuals who are 
            blind and are receiving services;
                (ii) the types of services provided and the number of 
            older individuals who are blind and are receiving each type 
            of service;
                (iii) the sources and amounts of funding for the 
            operation of each project or program;
                (iv) the amounts and percentages of resources committed 
            to each type of service provided;
                (v) data on actions taken to employ, and advance in 
            employment, qualified individuals with significant 
            disabilities, including older individuals who are blind; and
                (vi) a comparison, if appropriate, of prior year 
            activities with the activities of the most recent year;

            (B) an assurance that the agency will--
                (i) provide services that contribute to the maintenance 
            of, or the increased independence of, older individuals who 
            are blind; and
                (ii) engage in--
                    (I) capacity-building activities, including 
                collaboration with other agencies and organizations;
                    (II) activities to promote community awareness, 
                involvement, and assistance; and
                    (III) outreach efforts; and

            (C) an assurance that the application is consistent with the 
        State plan for providing independent living services required by 
        section 796c of this title.

(j) Amount of formula grant

                           (1) In general

        Subject to the availability of appropriations, the amount of an 
    allotment under subsection (a) of this section for a State for a 
    fiscal year shall be the greater of--
            (A) the amount determined under paragraph (2); or
            (B) the amount determined under paragraph (3).

                        (2) Minimum allotment

        (A) States

            In the case of the several States, the District of Columbia, 
        and the Commonwealth of Puerto Rico, the amount referred to in 
        subparagraph (A) of paragraph (1) for a fiscal year is the 
        greater of--
                (i) $225,000; or
                (ii) an amount equal to \1/3\ of 1 percent of the amount 
            appropriated under section 796l of this title for the fiscal 
            year and available for allotments under subsection (a) of 
            this section.

        (B) Certain territories

            In the case of Guam, American Samoa, the United States 
        Virgin Islands, and the Commonwealth of the Northern Mariana 
        Islands, the amount referred to in subparagraph (A) of paragraph 
        (1) for a fiscal year is $40,000.

                             (3) Formula

        The amount referred to in subparagraph (B) of paragraph (1) for 
    a State for a fiscal year is the product of--
            (A) the amount appropriated under section 796l of this title 
        and available for allotments under subsection (a) of this 
        section; and
            (B) a percentage equal to the quotient of--
                (i) an amount equal to the number of individuals 
            residing in the State who are not less than 55 years of age; 
            divided by
                (ii) an amount equal to the number of individuals 
            residing in the United States who are not less than 55 years 
            of age.

                 (4) Disposition of certain amounts

        (A) Grants

            From the amounts specified in subparagraph (B), the 
        Commissioner may make grants to States whose population of older 
        individuals who are blind has a substantial need for the 
        services specified in subsection (d) of this section relative to 
        the populations in other States of older individuals who are 
        blind.

        (B) Amounts

            The amounts referred to in subparagraph (A) are any amounts 
        that are not paid to States under subsection (a) of this section 
        as a result of--
                (i) the failure of any State to submit an application 
            under subsection (i) of this section;
                (ii) the failure of any State to prepare within a 
            reasonable period of time such application in compliance 
            with such subsection; or
                (iii) any State informing the Commissioner that the 
            State does not intend to expend the full amount of the 
            allotment made for the State under subsection (a) of this 
            section.

        (C) Conditions

            The Commissioner may not make a grant under subparagraph (A) 
        unless the State involved agrees that the grant is subject to 
        the same conditions as grants made under subsection (a) of this 
        section.

(Pub. L. 93-112, title VII, Sec. 752, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

                       References in Text

    Part C of this subchapter, as in effect on the day before October 
29, 1992, referred to in subsec. (b)(2)(B), means former part C 
(Sec. 796f) which was included in the repeal of subchapter VII of this 
chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29, 1992, 106 
Stat. 4443.


                            Prior Provisions

    A prior section 796k, Pub. L. 93-112, title VII, Sec. 752, as added 
Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106 Stat. 4465; 
amended Pub. L. 103-73, title I, Sec. 114(m), Aug. 11, 1993, 107 Stat. 
732, authorized grants to provide independent living services for older 
individuals who are blind, prior to the general amendment of this 
subchapter by Pub. L. 105-220.

                  Section Referred to in Other Sections

    This section is referred to in section 716 of this title.
